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(영문) 서울행정법원 2015.01.29 2014구합6739

영업권보상금 등

Text

1. The Defendant’s KRW 78,040,00 for the Plaintiff and KRW 5% per annum from December 18, 2012 to January 29, 2015.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association established on April 26, 2007 by the head of Seongdong-gu Seoul Metropolitan Government on April 26, 2007 to implement housing redevelopment improvement projects in Seongdong-gu Seoul Metropolitan Government 33,424§³ (hereinafter “instant rearrangement zone”).

B. The Plaintiff, located on the second floor of the same building, which is located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”) in the instant improvement zone, with the trade name “E” from the first floor of the building located in Seongdong-gu (hereinafter “instant place of business”).

C. The Defendant filed an application for adjudication of expropriation because it did not reach an agreement on business compensation with the Plaintiff.

On August 22, 2012, the Seoul Special Metropolitan City Regional Land Tribunal decided to expropriate the Plaintiff as KRW 78,040,000 (including goods, business suspension losses, and relocation expenses). However, the above ruling was invalidated due to the Defendant’s failure to pay the Plaintiff the compensation by October 5, 2012, which is the starting date of expropriation stipulated in the above ruling.

After that, on November 2, 2012, the Plaintiff and the Defendant drafted a memorandum of agreement on the compensation for goodwill as follows:

(hereinafter referred to as the “instant letter of agreement”): D Business indemnity agreement amount: KRW 78,040,000 for the purpose of the redevelopment project implemented by the Defendant, the Plaintiff is entitled to receive compensation for the business under the name of the above company incorporated in the project area as above, and will not raise a civil or criminal objection in relation to the business compensation.

In addition, the key of the voluntary transfer shall be returned to the defendant, and various public charges, such as electricity, water, gas, and septic tanks, such as electricity, water, gas, and septic tanks, shall be consulted and paid in full with the

E. On September 13, 2012, the Plaintiff removed all facilities, etc. of the instant place of business, and filed a report on the closure of business on December 17, 2012.

F. On November 6, 2013, the Plaintiff reported the closure of business to the Defendant.